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Old 10-05-2011, 10:41 AM
 
81 posts, read 142,096 times
Reputation: 51

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Hi all,

So myself and two others have lived in a non-rent stabilized apt. for the last year. Our lease was up on October 1, and we were never given a new lease to sign for a renewal. So yesterday, our landlord mentioned that her daughter is currently being evicted from her apartment and that she (our landlord) may ask us to move so that her daughter can take over our apt. She told us she will let us know whether we have to leave "within the next 3 weeks" and that we would have to be out Dec. 1 (effectively giving us 30 days or slightly longer's notice).

We are not interested in leaving. Does she have the legal right to give us 30 days' notice to leave on a month-to-month rental apartment? If so, was it our mistake for not insisting on a renewal lease? We have never had any problems with the apartment or the landlord in the past and are frankly surprised that she chose us to leave instead of another tenant in the building. If she does end up asking us to leave, do we have any legal leg to stand on, or just suck it up and go?
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Old 10-05-2011, 10:49 AM
bg7
 
7,698 posts, read 7,734,377 times
Reputation: 15026
"Does she have the legal right to give us 30 days' notice to leave on a month-to-month rental apartment?"

If you're on a month-to-month all she needs to give you one month's notice. So, 30 or 31 days, yes.
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Old 10-05-2011, 11:03 AM
 
81 posts, read 142,096 times
Reputation: 51
I figured that was the case. Just curious, If we had insisted on a renewal lease would she still be able to take the apartment for the use of a family member with 30 days' notice?
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Old 10-05-2011, 11:26 AM
bg7
 
7,698 posts, read 7,734,377 times
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no
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Old 10-05-2011, 12:11 PM
 
Location: The United States of Amnesia
1,362 posts, read 1,505,995 times
Reputation: 686
Quote:
Originally Posted by ceecee09 View Post
Hi all,

So myself and two others have lived in a non-rent stabilized apt. for the last year. Our lease was up on October 1, and we were never given a new lease to sign for a renewal. So yesterday, our landlord mentioned that her daughter is currently being evicted from her apartment and that she (our landlord) may ask us to move so that her daughter can take over our apt. She told us she will let us know whether we have to leave "within the next 3 weeks" and that we would have to be out Dec. 1 (effectively giving us 30 days or slightly longer's notice).

We are not interested in leaving. Does she have the legal right to give us 30 days' notice to leave on a month-to-month rental apartment? If so, was it our mistake for not insisting on a renewal lease? We have never had any problems with the apartment or the landlord in the past and are frankly surprised that she chose us to leave instead of another tenant in the building. If she does end up asking us to leave, do we have any legal leg to stand on, or just suck it up and go?
You are not guaranteed a renenwal lease. Read the lease and see if there is a automatic renewal policy. Did the landlord make you sign a month to month contract?

This landlord has some balls for telling you the real reason on why she doesn't want to renew the lease.
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Old 10-05-2011, 03:13 PM
 
25 posts, read 39,303 times
Reputation: 28
I too have a rent stabalized apt and luckily was able to take over my parents lease bes u should always ask a few months before about your renewal lease. If you are not sure, contact an attorney ASAP because you may still have rights especially if it is rent stabalized..
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Old 10-05-2011, 04:02 PM
 
81 posts, read 142,096 times
Reputation: 51
Quote:
Originally Posted by Sith Klato View Post
You are not guaranteed a renenwal lease. Read the lease and see if there is a automatic renewal policy. Did the landlord make you sign a month to month contract?

This landlord has some balls for telling you the real reason on why she doesn't want to renew the lease.
We didn't sign a month to month contract, the lease has only just expired (october 1st). It was the kind of thing where we just assumed she would get around to sending us the renewal eventually and october 1st came around and we had never received it, then 3 days later she tells us she might want us out. We have never had problems with her as a landlord so that's why we didn't think to ask for it, I guess lesson learned. I have lived in apartments for years on an expired lease and never had an issue with a landlord wanting us to leave. I will read the lease to see if there is an automatic renewal clause somewhere in there.
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Old 10-05-2011, 05:38 PM
 
14 posts, read 33,092 times
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Is she the owner?
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Old 10-05-2011, 06:06 PM
 
Location: No Sleep Til Brooklyn
1,413 posts, read 4,693,895 times
Reputation: 591
If it isn't rent stabilized and you don't have a lease the landlord doesn't have to renew.
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Old 10-05-2011, 07:41 PM
 
Location: NY,NY
2,899 posts, read 8,366,511 times
Reputation: 2021
Lease or not, stabilized or not, LLs have a legal right to claim an occupied apartment for "personal use". The circumstance, as described, is considered "personal use".

A Lease will not protect you.

Nothing to do, but prepare to leave. If you need more time, you can try to come to some agreement. If youu cannot, then you can simply allow the LL to go through the eviction process, which will take some time. The LL will utimately prevail.
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